Legal Question in Real Estate Law in Texas

Apt mangr will not remove my name from lease even w/agreement

The apartment is shared by several roommates. The lease states that for someone to move out early all other named tenants must agree and sign. One roommate was signed off two months ago with no problem. Two people moved in to help spilt the expenses in his place. One of the orginal tenants now has a serious drug problem and with me being a pre-med student I have decided to remove myself from the situation immediatly. The other tenants agreed to sign me off the lease but the apt manager is refusing based on the fact that she does not think the remaining tenants can/will pay the rent. I have already moved out and am not sure if it's legal, since there is an agreement with the others, to hold me responsible.


Asked on 5/12/98, 10:00 am

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Multiple Tenants -- liability

Of course I can't answeryour question definitively without reading the lease. If the lease is a typical form lease promulgated by an apartment owners' association, you are likely stuck. See if there is a provision providing not for just a move-out of a tenant following consent of the others, but whether the tenant has a right to a release of liability as well.

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Answered on 6/02/98, 7:39 pm


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